Page:Federal Reporter, 1st Series, Volume 3.djvu/166

 PEABL ». APPLBTOH 00. 159 �the spîndle above the bolster, and its weight below, as the patent of Pearl assumes, though there may be a little; and that there is snbstantially snch a relation between the length of the bearings as Sawyer assumes. While, therefore, I am not prepared to say that there is no value in Pearl's combi- nation, and am sure that the Fearl spindle, as made and sold, and the Sawyer spindle, as made and sold, are both val- uable, I have no occasion to aseertain their relative value, because I find them to be distinct structures, and to occupy independent positions in the art. �The first of Pearl's claims is : "The described ring spindle;,' having its blade from the bolster, D, upward, shorter than the bobbin, and combined with the bobbin, constructed substan- tially as described, by means of the adhesive bearings, as and for the purpose set forth." This claim is not infringed, among other reasons, because the Sawyer bobbin bas not the two adhesive bearings described in the Pearl patent. The commissioner of patents, in dissolving the interference be- tween Pearl and Sawyer, said: "How the invention of a bobbin, with an intermediate bearing and an upper bushing, can be held to include a bobbin having intermediate and upper bearings, is a problem I am unable to solve." I find a sim- ilar difi&culty because the upper bushing of Pearl is merely a plug, and has no true part in the combination, and his lower bearing is not the equivalent of Sawyer's upper bearing. The principal argument has been addressed to the second claim: "The combination of the bobbin, the intermediate adhesive bearing, i, and the blade of the spindle made shorter than the bobbin from the bolster, D, upward, substantially as described." �The Sawyer contrivance may infringe this claim in words, but it does not in fact. The combination of bobbin, bolster, and spindle is essentially different in the two. The true meaning of the claim, construed by what Pearl did, is that the bobbin projects beyond the tip of the spindle. With a bob- bin thus projecting, no advantage is gained in resisting the pull of the yarn, because that pull is against the outside of the bobbin, which is as high as ever ; and the gain in dimin- ����